North Carolina

Mistakes to Avoid After Being Injured in the Workplace

July 11, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”

Workplace accidents happen all the time. Mistakes happen, equipment fails, and other unplanned events occur on a daily basis. A workplace accident should not be the end of your career or a financially devastating situation. In North Carolina, employees who are injured while on the job might be entitled to workers’ compensation to help them through the tough times that might follow an accident. While compensation should be available, this is not always the case. There are certain things an employee must do following an accident and similarly, there are mistakes that every employee should try to avoid after an injury. Errors after an accident can be devastating to a workers’ compensation claim and result in a loss of compensation for the injured employee.

Court Considers Obligation of Property Owners To Ensure Safety of Guests

March 14, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can I post about my injury on Social Media?”

It is not often that cases involving casual holiday parties and relatively minor injuries make their way to state supreme courts. However, that is exactly what has happened in Michigan where the Supreme Court has now heard arguments about what occurred during a 2013 office holiday party. Though the particulars are not of interest to the court, the case is being used as a vehicle to explore the legal obligations property owners owe to ensure the safety of invited guests.

Appeals Court Says Insurance Company’s Bad Faith Could Prove Costly

February 14, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “The insurance company wants to send me to their own doctor for a second opinion. Do I have to go?”

Anyone who has ever been involved in a car accident likely understands how frustrating it can be dealing with an insurance company. The adjusters understand that their job is to settle any claim for as little money as possible. This is why so many injured individuals turn to personal injury attorneys for assistance, discovering that attempts to resolve their issue alone often go nowhere. A recent case in Florida demonstrates just how difficult insurance companies can be. Unlike many examples, this one has a slight silver lining, with the insurance company now facing serious potential liability due to its poor treatment of the injured victim.

Oklahoma Supreme Court Rejects Workers’ Comp Law Catering To Special Interests

February 7, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”

We routinely hear that special interest groups exert outsize influence on legislation. Whether at the local, state or federal level, those industries with money to spend and lobbyists to hire are able to profoundly influence laws that govern us all. Though we might hear about this as a general area of concern, it is not often that we have specific examples of this playing out. One recent case in Oklahoma that made it all the way to the state Supreme Court did just that, revealing the power of certain moneyed special interest groups and the importance of an active judiciary to keep that power in check.

Texas Court Sides With Worker In Personal Injury Case

January 31, 2018 | AS Personal Injury Lawyers

Personal injury Lawyer Matt Arnold answers the question: “If I am injured in a car accident or at work what should I do?”

It is unfortunately all too common in personal injury cases that employers and insurance companies to dig up dirt on injured employees. In cases where a company has a lot of money on the line, it is routine for the company to pull out all the stops in putting together its defense. This means combing through social media accounts, talking to friends and family members and even hiring private investigators to follow the person. The goal of all of these actions is to find an inconsistency in the injured person’s behavior that can be used against him or her in court. These inconsistencies can make jurors doubt the injured worker’s claims and lead to a reduced injury award.

Washington State Court Rules A Bus Is Not An “Automobile”

January 17, 2018 | AS Personal Injury Lawyers

Personal injury Lawyer Matt Arnold answers the question: “If I am injured in a car accident or at work what should I do?”

When a person thinks of an “automobile”, chances are they imagine nearly anything roadworthy. The term is conventionally defined broadly, and includes things like cars, vans, trucks, tractor-trailers, motorcycle and buses. Though this might be what most people think of when they imagine an automobile, most people, at least those in Washington State, would be wrong. A recent personal injury case there hinged on the definition of “automobile” and the answer about what qualifies might surprise you, it certainly surprised the plaintiff.

Experts Argue Smartphones Secret Source of Increased Auto Fatality Rate

October 18, 2017 | AS Personal Injury Lawyers

Personal injury Lawyer Matt Arnold answers the question: “If I am injured in a car accident or at work what should I do?”

We recently discussed the issue of the rising death toll in auto accidents across the country. Figures released by the National Highway Transportation Safety Administration revealed that more than 37,000 people died in auto accidents in 2016. The stunning figure represents not only an increase over the previous year, but a substantial increase when compared to only two years prior. In fact, traffic fatalities in the U.S. have leaped by an astounding 14.4% in the past two years alone.

Why Equifax May Soon Find Itself In A World Of Hurt

September 6, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What if I am unable to work following the accident, as a result of my injuries? Will I be able to recover my lost wages?”

Data breaches have, unfortunately, become a far too common occurrence. It seems like every other day the news is reporting some company, big or small, has released sensitive details about its customers. In small breaches, maybe hundreds or thousands of people are impacted. In big ones, millions could find themselves harmed. Recently, the credit-reporting agency Equifax revealed a massive data breach impacting nearly 140 million individuals. The data breach is one of the largest in American history and has already resulted in speculation about the various forms of liability Equifax may soon face. To explore some of the potential causes of action against Equifax, keep reading.

Nursing Home Residents Appear Poised To Lose Their Day In Court

August 16, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

It’s been bad news recently for those residing in nursing homes or with loved ones in nursing facilities. After a seeming victory last fall, when the Centers for Medicare and Medicaid Services (CMS) announced that a new rule would go into effect banning the use of arbitration agreements, there was an important setback earlier this summer. Residents and those working to change the broken system were disappointed to learn that CMS would not continue to push for implementation of the new rule banning arbitration agreements, but would instead craft a new measure, one that helps nursing facilities deny residents and their loved ones access to the court system.

Recent Supreme Court Case Makes It Harder For Plaintiffs To Sue For Injuries

July 19, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can I post about my injury on Social Media?”

It has been a bad summer for personal injury plaintiffs thanks to several recent decisions by the U.S. Supreme Court. In a few different cases, the Court made clear that it intends to protect corporations at the expense of injured plaintiffs, worrying over potential harm suffered by the giant companies, while ignoring the actual harm suffered by individuals. Unfortunately, a recent decision, Bristol-Myers Squibb v. Superior Court of California, continues the same worrying trend.